Tenant Eviction Notice

Whether you are a landlord who needs to regain vacant possession of your property or a tenant facing a tenant eviction notice, our experts can provide tailored advice and support to suit your situation.

There are very strict rules around when and how landlords can evict their tenants. If you are a landlord, getting the right legal guidance can help you to regain vacant possession of your property promptly while minimising any legal risks. If you are a tenant, understanding your rights can empower you to protect your tenancy and avoid an illegal eviction.

At OTS Solicitors, we work with both landlords and tenants across England and Wales, so we understand these matters from both sides. We can provide fast, realistic advice that you can trust, making sure you can exercise your rights with confidence.

For a detailed discussion regarding notice for eviction of a tenant or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice on matters including:

• Preparing and issuing eviction notices for landlords
• Understanding and responding to eviction notices for tenants

Speak to our experts about a tenant eviction notice today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

For expert advice on tenant eviction notices in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our tenant eviction services

Preparing and issuing eviction notices for landlords

There are two routes a landlord can use to regain vacant possession of their property:

1. Section 21 of the Housing Act 1988 – Can be used where a fixed term tenancy has ended or during a tenancy with no fixed end date (a ‘periodic’ tenancy).
2. Section 8 of the Housing Act 1988 – Can be used in a number of circumstances, including where the tenant has breached the terms of their tenancy.

Before starting either Section 21 or Section 8 proceedings, it is important to make sure you have the right to do so and that you fully understand the process involved, including providing the required notice.

Our team offers expert support for evicting a tenant, ascertaining the correct grounds, preparing and serving notice of seeking possession and taking any follow up action required. If you need help with how to evict a tenant or any related issues, please do not hesitate to get in touch.

Find out more about our expertise with eviction and possession proceedings for landlords.

Understanding and responding to eviction notices for tenants

If you are a tenant and you have received an eviction notice, this can be very confusing, scary and stressful. Getting the right advice as soon as possible can make all the difference as to whether you will be required to leave your home or not.

Our experts can advise you on whether a notice of seeking possession from your landlord is valid and what, if any, options you have to oppose the eviction. With our knowledge, experience and robust representation in your corner, we can make sure you are treated fairly and legally.

Eviction notices for tenants explained

What is an eviction notice?

When a landlord wishes to evict a tenant, they must first give the tenant notice. This will either be in the form of a Section 8 Notice or a Section 21 Notice, depending on the reason for the eviction.

Failing to provide proper notice could see the eviction deemed illegal, meaning the tenant would not need to vacate the premises or, if they have already left, then the landlord could be forced to readmit them.

On what grounds can a landlord evict a tenant?

There are various grounds that a landlord might use to evict a tenant. Some of the most common are:

• A fixed term tenancy has ended
• The tenancy is a periodic or ‘rolling’ tenancy with no fixed end date
• The tenancy is still within a fixed term, but the tenant has broken the terms of the tenancy agreement (e.g. persistently failing to pay rent, engaging in antisocial behaviour or subletting the property without permission)

It is absolutely vital that landlords make sure they have legitimate grounds before issuing an eviction notice or the eviction could be deemed illegal.

What is a Section 21 eviction notice?

A Section 21 eviction notice is used where the landlord wishes to end a tenancy and they are doing so on the grounds that the fixed term has ended and/or the tenancy is on a rolling basis. These are sometimes called ‘no fault evictions’.

What is a Section 8 eviction notice?

A Section 8 eviction notice can be used on various grounds, but the most common is where the tenant has breached the terms of the tenancy agreement.

How much notice does a landlord have to give for eviction?

For a Section 21 Notice, the landlord must give the tenant at least 2 months’ notice to leave the property.

For a Section 8 Notice, the landlord will need to give somewhere between 2 weeks’ and 2 months’ notice for the tenants to leave, with this depending on which terms of the tenancy agreement the tenant has broken.

How to serve an eviction notice

To serve an eviction notice, a landlord (or their representative) needs to draft the relevant written notice and ensure that this is delivered to the tenants (known as ‘serving notice’).

To ensure that this process is followed correctly, it is recommended to have a solicitor prepare and serve the notice. This helps to minimise the risk of any mistakes that could mean the notice is invalid and might see you accused of landlord harassment or illegal eviction.

What can a landlord do if you refuse to leave?

If a landlord has properly served notice and there is no dispute over the reason for the eviction, then the tenant legally must leave by the time set out in the notice. If the tenant refuses to leave, then the landlord can initiate possession proceedings in court.

There are standard possession proceedings (where the landlord is attempting to claim a rent arrears) and accelerated possession proceedings (where the landlord is not attempting to claim a rent arrears).

To start possession proceedings, the landlord will need to complete a claim form and submit this to the relevant court (or have their lawyer do this for them). The court will review the application and, once it is approved, send a copy to the tenants. The tenants will have 14 days to challenge the possession application and, if they do not do so or their challenge is unsuccessful, then the court will issue a possession order requiring the tenants to leave.

A court might issue an immediate possession order, requiring the tenants to leave straightaway or a suspended possession order, giving them time to meet certain conditions (such as paying outstanding rent) in order to avoid eviction. The court can also issue a money order requiring the tenants to pay a certain amount (e.g. unpaid rent).

If the tenants still fail to leave after a possession order is granted, the landlord can apply for a warrant for possession, which can be enforced by a bailiff if required.

Our fees for tenant eviction notice advice and support

At OTS Solicitors, we want our fees to be clear from the outset. For some matters relating to tenant eviction notices, we can act on a fixed fee basis. In other situations, it may be more appropriate to charge an hourly rate (e.g. where ongoing support is required).

We will be happy to discuss our fees during your initial consultation and will make sure you have a clear understanding of the likely costs involved before moving forwards.

To discuss our fees, please get in touch using the contact details below.

Speak to our tenant eviction solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

For expert advice on tenant eviction notices in London, please call now on 0203 959 9123 or use our simple online enquiries form.